USPTO Patents Application 10039291

United States FKtent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Addrew: COMMISSIONER FOR PATENTS
PO Box 1450

Alexandria, Vuginia 22313-1450
www. tup to .gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO. CONFIRMATION NO.

10/039,291

01/03/2002

Colette Cozcan

COZEAN.001A

8339

20995

7590

07/24/2003

KNOBBE MARTENS OLSON & BEAR LLP
2040 MAIN STREET
FOURTEENTH FLOOR
IRVINE, C A 92614

EXAMINER

ROSE, SHEP K

ART UNIT

PAPER NUMBER

1614

DATE MAILED: 07/24/2003

r

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 07-01)

Office Action Summary

Application No.

Applicants)

CO 2 S7t7^

Examiner

Group Art Unit

—The MAILING DATE of this communication appears on the cover sheet beneath the correspondence address—
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE j MONTH(S) FROM THE MAILING DATE

OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS
from the mailing date of this communication.

- If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
• If NO period for reply is specified above, such period shall, by default, expire SIX (6) MONTHS from the mailing date of this communication .

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33).

Status

& Responsive to communication(s) filed on

□ This action is FINAL.

□ Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in
accordance with the practice under Ex parte Quayle, 1935 CD. 1 1 ; 453 O.G. 21 3.

Disposition of Claims

JS Claim(s) / 1l VY ■ ■ is/are pending in the application.

Of the above claim(s) L^L 3£> j s / are withdrawn from consideration.

□ Claim(s) is/are allowed.

□ Claim(s): is/are rejected.

® Claim(s) 3 7 W/ js/are objected to

& Claim(s) ^ ^ f are subject to restriction or election

requirement.

Application Papers

□ See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948.

□ The proposed drawing correction, filed on is □ approved □ disapproved.

□ The drawing(s) filed on is/are objected to by the Examiner.

□ The specification is objected to by the Examiner.

□ The oath or declaration is objected to by the Examiner.
Priority under 35 U.S.C. § 119 (a)-(d)

□ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 11 9(a)-(d).

□ All □ Some* □ None of the CERTIFIED copies of the priority documents have been

□ received.

□ received in Application No. (Series Code/Serial Number) .

□ received in this national stage application from the International Bureau (PCT Rule 1 7.2(a)).

•Certified copies not received:

Attachment(s)

□ Information Disclosure Statement(s), PTO-1449, Paper No(s) □ Interview Summary, PTO-413

□ Notice of Reference(s) Cited, PTO-892 □ Notice of Informal Patent Application, PTO-152

□ Notice of Draftsperson's Patent Drawing Review, PTO-948 □ Other

Office Action Summary

U. S. Patent and Trademark Office *

PTO-326 (Rev. 9-97) p art of Pa per No.

'U.S. 6P0: 1998-454-457/97505

Application/Control Number: 10/039,291 Page 2

Art Unit: 1614

The reply filed on May 15, 2003 is not fully responsive to the prior Office Action
because of the following omission(s) or matter(s): what is a "KIT" herein?. See 37 CFR
1.111. Since the above-mentioned reply appears to be bona fide, applicant is given
ONE (1) MONTH or THIRTY (30) DAYS from the mailing date of this notice, whichever
is longer, within which to supply the omission or correction in order to avoid
abandonment. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER
37 CFR 1.136(a).

The May 15, 2003 response to the March 14, 2003 restriction requirement is an
election, with traverse to examine Group IV, claims 37 to 41 , to a "kit" for home tooth
treatment comprising

(A) a fluoride mixture;

(B) a 400nm to 750nm wavelength light source;

(C) a fluoride mouthwash or a fluoride patch.

In claims 37 and 39, the light is a non-coherent light source, or LED.

In claim 40, the non coherent light source has an IR spectra wavelength that can
be green, blue, yellow or red.

Non-elected claims 1 to 36 are hereby withdrawn Rule 142(B), these are to
compositions and methods that do not recite and require the elected "KIT" .

The claimed "KIT", for at home use, (example 10, page 18), differs from the "KIT"
for professional use (example 1 1 , pages 18, 19) in including a hand-held LED laser light
source, and examples 7 and 8 on page 17 establish that the kit components can be
employed with an Argon laser instead of a visible LED.

Application/Control Number: 10/039,291

Page 3

Art Unit: 1614

There is no written description herein of what is a "KIT" (?), hence resort to
dictionary definition of "KIT" is helpful herein.

" KIT " : a collection of articles; or the container containing these, or this with its
contents;

" KIT " : the outfit of tools required by a workman;

" KIT " : a collection of things) a group of things; number of things viewed as a
whole; a set, lot, collection; esp. the whole kit (and caboodle)
" KIT " : a shortened form of kitten; a kitten.

" KIT " : a collection of articles and appliances for any special purpose: an outfit.

" KIT " : a set of tools or implements.

" KIT " : a set of parts to be assembled.

" KIT " : a packaged collection of related material

" KIT " : a container for any of such sets or collections.

" KIT " : a young or undersized fur bearing animal.

DICTIONARY DEFINITIONS:

KIT"

Does the "light source" in the "KIT" in claims 38, 39 and 40 herein encompass the
light source of claims 25, 26 and 17 of related cozean 10/039291? Claims 12 to 16
therein?

Application/Control Number: 10/039,291

Page 4

Art Unit: 1614

Is the elected "KIT" the kit for at home use , (example 10 page 18,) with the above
noted hand-held light source, LED ( shouldn't it also recite with a shield which protects
the patient from laser reflections which may damage their eyes")? Are LED light source
lasers safe (on the eyes) for home use? By children?

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Shep Rose whose telephone number is (703) 308-
4609. The examiner can normally be reached on Monday, Tuesday, and Thursday
7:30am-6pm.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Marianne Seidel can be reached on (703) 308-4725. The fax phone
numbers for the organization where this application or proceeding is assigned are (703)
305-4544 for regular communications and (703) 305-3592 for After Final
communications.

Any inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number is (703) 308-

1235.

Rose/tgd
July 22, 2003

SHEP K.ROSE
PRIMARV EXAMINER

Shep Rose"

Senior Primary Examiner
Art Unit 1614